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by dzhokhar tsarnaev and his brother at the boston marathon were weapons of mass destruction that caused death. today the city and the nation also took an important step in the healing process. from the streets of boston, to the capitol in washington, people observed a moment of silence at 2:50 p.m. eastern, exactly one week after two bombs killed three and injured more than 180 others near the finish line of the boston marathon. [ bagpipes ] >> reporter: later, the fbi handed control of boylston street back to the city of boston. from his hospital bed, the 19- year-old suspect, dzhokhar tsarnaev, made his first appearance in front of a magistrate judge. tsarnaev is now charged with conspiring to use a weapon of mass destruction. in addition to the surveillance video the fbi shared with the public, a special agent testified the younger brother, dzhokhar, can be seen apparently slipping his knapsack onto the ground shortly before the explosion. but the white house announced tsarnaev won't be tried in a military tribunal as an enemy combatant. >> we will prosecute this suspect under u.s. law. u
could be charged at his hospital bed side on sunday. dzhokhar tsarnaev is still in serious condition. he is sedated with a tube down his throat and unable to speak. although massachusetts does not have the death penalty, prosecutors could seek capital punishment at the federal level. >> given the facts that i've seen, it would be appropriate to use the death penalty in this case. i hope they would apply it in federal court. >> reporter: more questions are being raised about the suspect and if the fbi did enough before the bombings. in 2011, it interviewed the older brother, tamerlan tsarnaev, after russian authorities alerted the u.s. government. he made a trip to russian in 2012. >> the ball was dropped in two ways. the fbi missed things or our laws do not allow the fbi to follow up in a sound solid way. >> reporter: while officials cyst through the details worshipers sought answers in their own way gathering at the holy cross on sunday to reflect on the terror that the city faced in the last week. the governor says there can be vigilance without fear. >> there are lessons that we will
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